Cora Ally

Discover / Glasser n Glasser

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I received summons from Glasser and Glasser her in Virginia.  They say they are representing Discover Card.  I did ask for defense and after several continuances by Glasser and Glasser I requested the case to be dismissed.  The judge granted me a non suit.  Fast forward.  Here in Virginia, a non suit, is not a win just gives the plaintiff 6 months to start the process all over again.  Today I received in the mail a letter from Glasser and Glasser to settle for given three options of payment plans.  Has anyone dealt with Glasser and Glasser / Discover Card?  I guess on question is even in the letter it states this is from a debt collector.  In my defense I requested my original contract - seeing the G&G says Discover card hired them then Discover card should have my originals.  Of course we never made it to trail due to the nonsuit.  I've read that most likely G&G will refile but any advise would be appreciated. 

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A debt collector is not necessarily a JDB. It could be an organization hired by the creditor who owns the account to collect on the debt. In this case, Discover probably owns the account and Glasser and Glasswer were hired by Discover to collect on the debt. That is why the statement that this is from a debt collector, to cover their own hind parts.

They probably allowed the non-suit because they could not meet your discovery demands in time. More likely they will refile, either on the case which was non-suited, or a new case if they take longer than 6 months to get the documents. This is quite rare however because Discover usually has the documents to win their case and they never sell their debts. Note that if you try arbitration, you will have to settle because they will follow you into arbitration and go the bitter end regardless of cost.

So what I would do if you cannot settle in a lump sum (do not bother with payments) is to wait to see if they restart the current case or start a new case. In the meantime, find the contract yourself on the CFPB website. When the file, you file a MTC for arbitration and then start the settlement process. In the meantime, start saving up cash for a lump sum settlement. Who knows, they might leave you alone looking for better targets. Be prepared for the worse and hope for the best.

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The judge granted a nonsuit because it was the third time the plaintiff could not provide a witness, due to the COVID situation.  The judge said that video calls could have been arranged and Glasser&Glasser should have known that.  Since then I've learned alot too and will demand MORE during the discovery.  The so called debt was from a application 20 years ago, at least that what they say, and it was being paid on by someone other than me until last year.  Of course I asked for original contract in discovery but only sent me standard statements from 2018 to 2017, no purchases just payments on statements from an online account.

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